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Corrine Sparks
Born
Loon Lake, Nova Scotia
Nationality Canadian
Alma mater
  • Mount Saint Vincent University
  • Schulich School of Law
Occupation
  • Lawyer
  • Judge
Years active 1979—2021
Known for
  • First black woman judge in Canada
  • First black judge in Nova Scotia

Corrine Sparks is a Canadian judge who made history. She was the very first Black Canadian woman to become a judge in Canada. She was also the first Black judge in the province of Nova Scotia. One of her important decisions, in a case called R v S (RD), was first changed by another court. But then, Canada's highest court, the Supreme Court of Canada, agreed with her original decision. This case helped explain what "reasonable apprehension of bias" means in law.

Early Life and Education

Corrine Sparks grew up near Loon Lake, Nova Scotia. This community has a history of being separated by race. Her family came from Black Loyalists and Black Refugees who settled in Nova Scotia.

University Studies

In 1971, Sparks started studying at Mount Saint Vincent University. She focused on economics and first planned to become a history teacher. While at university, she volunteered as a probation officer. She also worked a summer job with the Nova Scotia Human Rights Commission. These experiences made her think about becoming a lawyer.

Law School Journey

Sparks was accepted into The Schulich School of Law at Dalhousie University. In her class of 120 students, she was one of only three African Nova Scotians. She was also the only Black woman in that class. Corrine Sparks earned her law degree in 1979.

After law school, Sparks started her own law practice in Dartmouth, Nova Scotia. She worked on cases related to families. Her law firm, which she ran with Helen Foote, was the first law firm in Nova Scotia run only by women.

In 2001, Sparks went back to Dalhousie Law School to get a master's degree in law. Her master's paper looked at how people from Africville in Halifax were moved and paid for their losses. Africville was a historic Black community that was destroyed.

Career as a Judge

On March 27, 1987, Corrine Sparks was appointed to the family court in Halifax. This made her the first Black woman to become a judge in Canada. She was also the first Black judge in Nova Scotia. J. Michael MacDonald, a top judge in Nova Scotia, said that at the time, Canadian courts were starting to look more like the communities they served. This was thanks to the new Canadian Charter of Rights and Freedoms.

The R v S (RD) Case

In 1995, Judge Sparks heard a case called R v S (RD). A 15-year-old Black teenager was accused of hitting a police officer with his bicycle. Judge Sparks decided that the teenager was not guilty. In her decision, she mentioned the "prevalent attitude of the day" as important social context.

Legal experts later explained that Judge Sparks believed the police officer might have overreacted because of how police sometimes deal with non-white people. She also found that some of the teenager's claims were believable. Because of this, the Crown (the lawyers for the government) did not prove the accusations beyond a reasonable doubt.

The Crown appealed Judge Sparks's decision. They argued that because she was a Black Nova Scotian, she might have been biased towards the Black teenager. This appeal caused a lot of discussion. It was especially controversial because the accusation of bias was against the first Black woman judge in Canada. At that time, she was also the only Black female judge in Nova Scotia.

Initially, the appeal was successful, and Judge Sparks's decision was overturned. However, the case went to the Supreme Court of Canada. In 1997, the Supreme Court reversed the appeal court's decision and agreed with Judge Sparks's original ruling. This case is now studied to understand how bias can affect the Canadian justice system. It also helps explain what "reasonable apprehension of bias" means for judges.

One political scientist, Shanti Fernando, wrote that the appeal against Sparks suggested two things. First, that noticing racial bias in the legal system meant a judge was not fair. Second, that judges are more sympathetic to people of the same background. Experts Allan C. Hutchinson and Kathleen Strachan wrote that the case helps us understand how a judge's background can connect to their legal decisions. Other judges have since pointed out that white judges are not often accused of bias towards white people. This shows how deep the bias against non-white people was in the Canadian justice system at that time.

Working for Fairness in Law

Throughout her career, Corrine Sparks has worked to make sure Canadian law is fair for everyone. In 1993, she was part of the Gender Equality Task Force for the Canadian Bar Association. She also taught at the Commonwealth Judicial Education Institute. There, she trained judges on understanding social context in their work.

Awards and Retirement

In 2015, Sparks was honored by the Bertha Wilson Honour Society. This group recognizes former students of the Schulich School of Law. It is named after Bertha Wilson, the first woman on the Ontario Court of Appeal and the first female Justice of the Supreme Court of Canada.

Corrine Sparks has also received other awards. These include the Lillian Fish Award from the National Association of the Women and the Law. She also received awards from the Elizabeth Fry Society, the Canadian Bar Association, and The Congress of Black Women.

After more than 34 years serving as a judge, Corrine Sparks retired on December 31, 2021.

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